If Mom’s will states 3-way split but one suing for “all the marbles”, what canwe do?

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If Mom’s will states 3-way split but one suing for “all the marbles”, what canwe do?

Mom’s will stated we all split everything 3 ways, but oldest is suing 2 youngest for everything including atty fees and court costs. Oldest subpoenaed both of us to court. Neither of us can afford attys (and she knows it), and legal aid can’t help. I have the original will, and want to fight this, but don’t know how. Can you please help? We have 20 days to respond.

Asked on November 20, 2010 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Check to see if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  Additionally, you can contact the local Bar Association in the county where the court proceedings atr going to take place; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances.  If all else fails, file a response yourself (ask the clerk of the court about this) and defend against her claim as best as you can.  If you represent yourself, explain your situation to the judge; the court will try to make allowances for this.  Whatever you do, do not ignore any court documents/proceedings.


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